Case law

Tennessee Gas Transmission Co. v. Fox

134 W. Va. 106 · West Virginia Supreme Court · Mar 21, 1950

Whether his qualification to state an opinion is sufficiently established is a matter which rests in the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears … E. 1031 , was rejected because they were clearly not qualified to express an opinion concerning the matters about which they testified.

Heinemann v. Jim Walter Homes, Inc.

47 F. Supp. 2d 716 · District Court, N.D. West Virginia · Nov 13, 1998

Plaintiffs, proceeding pro se, allege that the defendants violated their procedural due process rights and transgressed established substantive law by wrongfully foreclosing on property owned by plaintiffs in Pocahontas County … Clair failed to restore plaintiffs as legal owners of the subject property even though said defendants knew that plaintiffs qualified for a Federal Emergency Management Administration Mortgage or Rental Assistance (FEMA/MRA

Martin v. White

74 W. Va. 628 · West Virginia Supreme Court · Jun 30, 1914

These objections were based on disqualification under the following provision of the statute: “No person shall be qualified to hold the office of mayor, recorder, or councilman of such city, town or village unless he is a … Until the disqualification of those who were found to be elected on the face of the returns is established according to law, petitioners clearly do not show themselves entitled.

State ex rel. Orlofske v. City of Wheeling

212 W. Va. 538 · West Virginia Supreme Court · Nov 8, 2002

Under these provisions, health plan sponsors must provide to each qualified beneficiary who would lose coverage due to a “qualifying event” 5 notification that he/she may continue to elect to receive coverage. … A "qualifying event” means with respect to any covered employee, any of the following events which, but for the continuation coverage required under this subchap-ter, would result in the loss of coverage of a qualified beneficiary

Bowman v. Wexford Health Sources/Services

District Court, N.D. West Virginia · Feb 11, 2025

Frivolity dismissals should only be ordered when the legal theories are “indisputably meritless,”1 or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … This type of disagreement between and inmate and medical providers about the proper course of medication is generally not enough to establish deliberate indifference. Jackson v.

Wilt v. Buracker

191 W. Va. 39 · West Virginia Supreme Court · Apr 20, 1994

(Citation omitted.) 7 *45 Nonetheless, the Supreme Court clearly concluded that the standard established in Rule 702 would not “result in a ‘free-for-all’ in which befuddled juries are confounded by absurd and irrational … Thus, these cases illustrate the principle that where liability is clearly established and the jury has made an erroneous over-calculation of damages, a remittitur may be directed on remand.

W.VA. Nonintoxicating Beer Commr. v. Tavern

181 W. Va. 364 · West Virginia Supreme Court · Jul 3, 1989

It is well-settled law in West Virginia that an administrative agency’s interpretation of its statutes are given great weight unless clearly wrong. See Dillon v. … Clearly the notice informed the respondents why the Commissioner did not renew their Class A beer license.

Allen Bond v. West Virginia Department of Human Services, Bureau for Family Assistance

Intermediate Court of Appeals of West Virginia · Dec 4, 2025

See also Common Chapters Manual (“CCM”) § 710.13(b)(4) (stating that an applicant may request a fair hearing for: “Delay – Any inaction or failure by the Department, in an applicant’s or recipient’s case, to abide by established … Bond could have taken steps to reduce his assets and qualify for Medicaid assistance. The hearing officer noted that the BOR did not have the statutory authority to grant Mr.

Alley v. Charleston Area Medical Center, Inc.

216 W. Va. 63 · West Virginia Supreme Court · Jun 24, 2004

rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … For purposes of accommodation, the reason for the absence must be due to a qualified disability.

Yeshiareg Mulugeta v. Dimitri Misailidis

239 W. Va. 404 · West Virginia Supreme Court · Jun 13, 2017

Moreover, included among the factors that the family court was required to consider in determining the amount of the spousal support award is “[t]he standard of living established during the marriaget.]” W.Va. … To equalize the equitable distribution, the family court ordered Husband to pay Wife $226,721.23; these funds will be transferred from Husband's Radiology Associates 40IK to Wife's Radiology Associates 40IK by qualified domestic

State Ex Rel. Porter v. Recht

211 W. Va. 396 · West Virginia Supreme Court · Jun 18, 2002

overlooked by the State in its reliance on perjury-based cases as authority for its position is the long-established demarcation in the law with regard to perjury and false swearing cases. … United States, 77 F.2d 577, 581 (8th Cir.1935) (recognizing that “[t]he commission of perjury as to one matter does not absolve the witness or afford him immunity as to all other matters covered by his testimony at the same

Ritz v. City of Wheeling

43 L.R.A. 148 · West Virginia Supreme Court · Nov 23, 1898

When the evidence is so clearly deficient as to give no support to a verdict for plaintiff, .if rendered, the evidence should be excluded from the jury. Klinkler v. Iron Co., 43 W. Va., 219 , ( 27 S. … If so, what structure or establishment might not?

City of Charleston v. Littlepage

73 W. Va. 156 · West Virginia Supreme Court · Nov 4, 1913

Suing as residents, citizens, qualified voters, householders and freeholders, the plaintiffs charged in their bill intent and purpose on the part of the council of the city to create an unconstitutional debt by the passage … Nothing in the view of the.court establishes it. Hence it is not a fact within the knowledge of the court. - If it is permitted to act under such circumstances, it clearly acts without jurisdiction.

West Virginia Department of Corrections v. Lemasters

173 W. Va. 159 · West Virginia Supreme Court · Mar 2, 1984

As one method of attracting such qualified individuals, the system assures through W.Va.Code 29-6-10(11) [1977] and 29-6-15 [1977] that employees who have completed their probationary period may be dismissed only for “good … It is well established law in this state that “good cause” requires the state employer to demonstrate more than a technical violation of a statute or regulation.

Bell's Admr. v. Humphrey

8 W. Va. 1 · West Virginia Supreme Court · Jul 17, 1874

A clearly expressed intention in one portion of the will is not to yield to a doubtful construction in any other portion of the instrument. Fifth. … and undertake to act” to the one so qualifying and undertaking to act.

Central Trust Co. v. Hearne

78 W. Va. 6 · West Virginia Supreme Court · Mar 21, 1916

circuit court of Ohio county October 8, 1914, the Central Trust Company of Illinois averred its corporate existence and authority to act as guardian of estates of infants resident in that state; that it had been appointed and qualified … Although *10 the statute which it'purports to verify and establish as evidence shows the legality of plaintiff’s appointment as guardian of the estate of Robert G.

Ilosky v. Michelin Tire Corp.

172 W. Va. 435 · West Virginia Supreme Court · Jul 5, 1983

As the appellee points out, the jury clearly considered the criteria listed in Momingstar and concluded that Michelin’s efforts to warn did not meet the legal standard. … The testimony at trial clearly was credible, and the jury was entitled to find for the appellee on the question of causation.

Pritt v. United Mine Workers of America 1950 Benefit Plan & Trust

847 F. Supp. 427 · District Court, S.D. West Virginia · Mar 28, 1994

provided by or under the supervision of a registered nurse; 2. room and board 3. physical, occupational, inhalation and speech therapy, either provided or arranged for by the facility; 4. medical social services; 5. drugs, immunizations … The firm was described as " ‘an independent, non-profit organization established to carry out studies of health care needs of individuals' and to make recommendations with respect to their care and treatment.” 945 F.2d at

Robert W. Johnson, Jr. v. David Ballard, Warden

West Virginia Supreme Court · Apr 25, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to de novo review.” Syl. … forensic psychiatrists, or a qualified forensic psychiatrist and a qualified forensic psychologist . . . .

Goldstein v. Peacemaker Props., LLC

241 W. Va. 720 · West Virginia Supreme Court · Mar 15, 2019

Here, in drafting this Statute, the Legislature did not intend to preempt this local authority, and in fact, clearly designated the same. … This, they argue, demonstrates that the circuit court's order rests on a clearly erroneous understanding of the facts of the case. We do not agree.